IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.153/2019 BETWEEN:
*Santosh Kumar @ Santhu, S/o Govindaraju, Aged about 22 years, Residing at No.1, 14th Cross Road, Near Vinayaka Temple, Pipeline Road, Hoysalanagar, Sunkadakatte, Bengaluru – 560 091. ... Petitioner (By Sri T.Prakash, Advocate) AND:
State by Rajagopalnagar Police & CCB (W & N Squad) Bengaluru City Rep. by SPP, High Court of Karnataka, Bengaluru – 560001. ... Respondent (By Sri C.H.Hanumantharaya, Spl.P.P) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.1075/2017 (S.C.No.771/2018) of Rajagopal Nagar Police Station, * Corrected vide Court order dated 06.06.2019 Bangalore for the offences punishable under Sections 143, 144, 147, 148, 323, 324, 504, 506, 302, 120B, 212 R/W 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner-accused No.3 has filed this petition seeking to be enlarged on bail in connection with his detention pursuant to proceedings in S.C.No.771/2018 for the offences punishable under Sections 143, 144 147, 148, 323, 324, 504, 506, 302, 120(B), 212 r/w 149 of IPC.
2. The petitioner states that the case of the prosecution is that on 09.12.2017 at about 10:00 a.m., the complainant’s husband went in his car being driven by CW2 and at about 2:30 in the afternoon, the complainant, her daughter and her brother’s daughter met the deceased in front of the hospital and told him to come to the house. It is stated that the complainant told that he would come later. It is alleged that at about 5:30 p.m., the deceased was travelling to speak at a political party functions. It is further stated that the deceased was taken away at a kalyana-mantapa and inside the wedding hall the petitioner was assaulted and he succumbed to the injuries and died. It is stated that the accused have assaulted the deceased with knife on his chest, back and face and later ran away.
3. It is stated that while complaint being launched investigation has been completed and charge sheet has been filed. The charge-sheet records that accused No.3 have stabbed the deceased.
4. However, it is the case of the petitioner that nobody has witnessed the incident of stabbing as alleged. It is further stated that the other accused have been released on bail and in light of the common object attributed under Section 149 of IPC, the role of the petitioner is to be ascertained in trial, more so as there was no eye-witness who has seen the accused stabbing the deceased. In light of the other accused already having been granted bail and it is the case of common object being imputed to all the accused all of whom except the petitioner have been released on bail and hence the petitioner is entitled to be released on bail subject to conditions so as to ensure that witnesses are not tampered with.
5. The learned Special Public Prosecutor fairly concedes that in view of granting of bail to the other accused and also in view of the charge under Section 149 of IPC, the petitioner is also entitled to the benefit of bail.
6. Taking note of the fact that there is no person who has witnessed the actual act of inflicting of fatal wounds on the deceased, the case rests on the circumstantial evidence, which has to be proved during trial. Accordingly, subject to stringent conditions, petitioner is entitled for bail. It is to be noted that the petitioner is in custody since 19.12.2017.
7. Accordingly, bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one Lakh only) with a surety for the likesum before the trial Court.
(ii) The petitioner shall fully co-operate with the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness (iv) Any violation of the aforementioned conditions by the petitioner, shall result in automatic cancellation of bail.
Sd/- JUDGE RB